10386971, 59B-16.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10386971

Notice of Proposed Rule

Department:

AGENCY FOR HEALTH CARE ADMINISTRATION

Division:

Cost Management and Control

Chapter:

ELECTRONIC HEALTH RECORDS

Overview

RULE:

59B-16.001	Definitions
59B-16.002	Universal Patient Authorization Forms

PURPOSE:

The purpose and effect of the rule development is to revise the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care incorporated by reference as AHCA Form FC4200-004 and the Universal Patient Authorization Form for Limited Disclosure of Health Information incorporated by reference as AHCA Form FC4200-005 to provide that the effective period of authorization ends at withdrawal of permission or date of death, to adopt Spanish versions of the forms incorporated by reference as AHCA Form FC4200-006 and AHCA Form 4200-007 under the provisions of Section 408.051(4), Fla. Stat., clarify in the authorization forms that permission is for use and disclosure, clarify the statement that permissions will not affect medical treatment, payment for treatment or insurance coverage, clarify in the authorization forms that authorization is for medical products in addition to medical services, clarify that permission may be revoked rather than withdrawn, remove an incorrect reference to Rule 59B-16.003, F.A.C., clarify the definition of health care provider in Rule 59B-16.001, F.A.C., and add specific rulemaking authority citations under Rules 59B-16.001 and 59B-16.002, F.A.C. The Universal Patient Authorization forms need to be amended due to Federal guidance issued on June 16, 2010, by U.S. Health and Human Services (HHS), Substance Abuse and Mental Health Services Administration. This federal guidance requires a change to the form to comply with HHS’s interpretation of the federal law governing patient consent for the release of patient records from federally funded substance abuse treatment programs that are subject to 42 CFR Part 2, Confidentiality of alcohol and drug abuse patient records.

SUMMARY:

The Agency is proposing to revise the English version of the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care and the English version of the Universal Patient Authorization Form for Limited Disclosure of Health Information incorporated by reference in Rule 59B-16.002, amend Rule 59B-16.002, F.A.C., to incorporate by reference a Spanish version of the Universal Patient Authorization Form for Full Disclosure of Health Information for Treatment and Quality of Care and a Spanish version of the Universal Patient Authorization Form for Limited Disclosure of Health Information, clarify in the authorization forms that permission is for use and disclosure, clarify the statement that permissions will not affect medical treatment, payment for treatment or insurance coverage, clarify in the authorization forms that authorization is for medical products in addition to medical services, clarify that permission may be revoked rather than withdrawn, revise Rule 59B-16.001, F.A.C., to remove an incorrect rule reference, revise Rule 59B-16.001, F.A.C., to clarify the definition of health care provider and add specific rulemaking authority citations under Rules 59B-16.001 and 59B-16.002, F.A.C.

RULEMAKING AUTHORITY:

408.15(8) FS.

LAW:

408.051(4) FS.

PRINT PUBLISH DATE:

1/6/2012 Vol. 38/01

COMMENTS:

From 1/6/2012 To 1/27/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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